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CENTRAL FRONTENAC · EB-5 FIELD GUIDE

Can a Central Frontenac investor open the Texas shop and start hiring before the EB-5 petition is approved?

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THE DIRECT ANSWER

Yes, and for a direct investment it is often necessary, because the capital must be invested or actively in the process of being invested when the petition is filed. The investor must not work in the shop herself while in the United States without a status that permits it.

Invest first, but keep your own activity within your status

The petition must show that the required capital has been placed at risk in the enterprise, or is actively being committed under a concrete plan, and that the jobs have been or will be created within the required period. In practice that means the shop is formed, the money is transferred, the lease is signed and hiring is under way at or before filing. The investor's own presence is the constraint.

Visiting as a business visitor to attend board meetings and inspect the premises is permitted; managing the shop day to day while in the United States is employment that requires a status allowing it. A Canadian investor commonly directs the business from Canada, attends periodically, and hires a manager for daily operations until permanent residence is approved and she can relocate. Concurrent filing for adjustment of status is available in some circumstances and, if used, can permit interim work authorization; whether it applies depends on visa availability and should be checked at filing.